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(영문) 서울서부지방법원 2014.02.04 2013노1160
횡령
Text

The defendant's appeal is dismissed.

Reasons

1. The summary of the grounds for appeal is too heavy (six months of imprisonment) imposed by the court below.

2. The fact that the defendant recognized his mistake and reflecteds his mistake, and that the defendant has no particular criminal record in addition to the punishment of a fine twice for a crime of double-class, it is an element of sentencing favorable to the defendant.

However, in full view of the various sentencing conditions shown in the argument of this case, including the embezzlement of KRW 42 million, while the defendant was in the management of the alumni fee, the crime of this case is not good, and the amount of damage is not sufficient, and the victim did not agree with the victim until the trial is held, the punishment sentenced by the court below is determined to be within the proper sentencing range.

3. The defendant's appeal is dismissed in accordance with Article 364 (4) of the Criminal Procedure Act, since the defendant's appeal is without merit. It is so decided as per Disposition.

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